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Imminent Mandrake Name Change?
An anonymous reader writes "Mandrakesoft has lost a trial
and has been condemned to change its name and its logo"
The article is in French, but it says that King Syndicates owns a trademark on Mandrake the Magician.
Update MandrakeSoft can use the logo during appeals, which may take up to 3 years. You can now read their official statement on the ruling.
Mandrake will have to change name
Was Mandrake, editor French of the distribution Linux eponyme, condemned by the TGI of Paris, to pour 70 000? at the American companies Hearst Holdings and King Fearture Syndicate, owners of the mark "Mandrake the magician", and editor of the comic strip of the same name. These last had carried felt sorry for in France for "diversion of mark". Especially, the court prohibited to the French the use of his name, and presses Mandrake to transfer its domain names towards the two American companies. A judgment which could carry a fatal blow to the French editor, whose goodwill rests only on its distribution eponyme.
For l?heure, Mandrake appealed, suspending the judgement and thus preserving its mark and its domain names.
Let us point out qu?un preceding judgement - bearing on the logo - had ruled in favour of the two American companies. The French had already had to re-examine his copy.
I was expecting someone to post something like this.
Mandrake the distro was indeed based on Mandrake the character. Their earlier logo was a penguin dressed as a magician
Here's my attempt, from several years of long-ago High School French class. No fish were involved in this translation.
Mandrake will have to change its name
Mandrake, French writers of its self-titled Linux distrubtion, has been ordered by the Paris TGI to pay 70,000 Euros to the American companies, Hearst Holdings and King Feature Syndicate, owners of the trademark "Mandrake the Magician", and writers of the [bande dessinee] of the same name. The American companies filed suit in France for "trademark infringement". Now, the court has forbidden the use of the name in French, and is pressuring Mandrake to transfer its domain names to the two American companies. It's an order that could be a fatal blow to the French writers, for whom the foundation of their business rests entirely on their eponymous Linux distribution.
For now, Mandrake has appealed, which suspends the judgement and, for the moment, preserves its trademark and domain names.
Remember that a previous judgement on Mandrake's logo was ruled in favor of the two American companies. The French subsidiary had already had to rework its artwork.
Stressed? Me? Of course not. Stress is what a rubber band feels before it breaks, silly.
well, dear lameness filter, i hvae nothing more to say. let me through already.
I have five minutes right now, so here ya go:
Mandrake has to cahge its name
The TGI of Paris has sentenced Mandrake, the French editor of the Linux distribution of the same name has been to pay 70000 to the American companies Hearst Holdings and King Fearture Syndicate, owners of the brand "Mandrake le magicien" (Mandrake, the Wizard), and editors of the comic by the same name. The latter had brought this to court in France for "detournement de marque" (detouring of mark). The court also interdicted the French the further use of their name and demands Mandrake to hand their names and domains to the two American companies -- verdict which could be a deadly blow to the French company whose business resides solely on the distribution on their distribution "Mandrake"
For the moment, Mandrake has called to the appeals court, thus suspending the judgement, and thus maintaining their brand and their domains.
Let us remember [I love French expressions] that a preceding judgement concerning the logo had been in favor of the American companies. The French already had to review (modify) their copy.
Because that would be dishonest. The original Mandrake logo was a pinguin in a magicians outfit.
"Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
Please do a trademark search next time. Like here. And notice that Mandrake and Mandrake the Magician are both registered. So yeah, at least Mandrake "went to the trouble of Trademarking the name before announcing and using it."
... do your homework before settling on a name. (emphasis mine)
this should be a wake-up call to ANYONE
heh
-- Kircle
Here's a somewhat better cleaned up version from a French student. I'm not a native speaker (or anywhere nearly that good, in spite of all the years I've studied this...) so by all means, if someone understands the implications of some of these idiomatic phrases better than I do (I'm not convinced I understand some of them by any means), have at it.
========
Mandrake must change names
Mandrake, the French publisher of a Linux distribution, was sentenced by TGI of Paris to a 70,000 Euro fine at the request of the American companies, Hearst Holdings and King Features Syndicate, the owners of the trademark "Mandrake the magician" and publishers of the comic of the same name. The companies had sued for "trademark dilution." The court has prohibited the French use of the name, and ordered Mandrake to transfer its domain names to the two American companies. This judgement could be a fatal blow for the French publisher, whose goodwill is tied to its distribution network. For the time being, Mandrake has appealed to suspend the judgement and thus preserve its mark and domain names. A previous judgement - concerning their logo - had already been ruled in favor of the two American companies. It is also being appealed.
comic book character?
mandrake the magician
Mandrake was created by Lee Falk. Falk's career began in advertising. He then moved to radio. His interest in magic led him to create a character who would solve crimes and mysteries through the use of reason and magic. King Feature Syndicate bought the idea and Mandrake debuted on June 11, 1934. A Sunday feature began in February of 1935. Phil Davis' artwork was appropriate for the fantasy and mystical adventures in which Mandrake and his giant bodyguard, Lothar, found themselves
WTF? A radio/comic book character from 1934? What the hell difference does it make? So, King Features becomes aware that there is some Linux distribution out there using this name and decides it must defend it's trademark? Lots of customer confusion over that one. King Features Syndicate must be getting lots of customer calls from people having trouble with their Mandrake Linux installs?
There is much cruelty in the universe, John.
Yeah, we seem to have the tour map.
From Wikipedia, the free encyclopedia.
Mandrake is the common name for the plant Mandragora, whose roots, because their curious bifurcation cause them to have a semblance to the human figure (male & female), have long been used in witchcraft. It is alleged by adherents of the dark arts that when the plant is pulled from the ground, it shrieks in pain. Supposedly, this shriek is able to kill or deafen an unprotected human; the occult literature includes complex directions for harvesting a mandrake root in relative safety.
The Mandrake is a member of the Solanaceae (or Nightshade) family.
Other uses of this term include:
* Mandrake Linux
* Mandragoras, familiar demons (mandrakes)
* Mandrake, a comedic play written by Niccolo Machiavelli in 1518
* Leon Mandrake, magician (1911 - 1993)
* Mandrake the Magician, comic strip character
* Mandrake (publishers)
K, replying to my own post for lack of proper googling...
There is a 2003 release movie...
Mandrake the Magician
and a 1954 tv series
There is much cruelty in the universe, John.
Yeah, we seem to have the tour map.
Better working image link:
Mandrake logo
Actually when he got to earth he decided to use the name Ford Prefect because he saw it on so many cars and thought it would be inconspicuous. The Prefect was the name of a Ford model that was marketed in the UK at the time.
Of those to whom much is given, much is required.
But, you're right, the charcter's name did nothing to devalue their trademark, just like a modern operating system does nothing to devalue a 70 year old comic strip character.
The World's Worst Webcomic!
Here's a link to a site (in english) with a very very brief overview of the issue and images of the 3 different mandrakes: Mandrake issued cease and desist
But I found a working link to a Mandrake character: Mandrake the Magician. Dating from 1934 (!).
So, no, they won't have to give up their domain names just yet... :-)
Mandrake the Penguin
There's no denying that the original inspiration for the name, the design of the Mandrake Linux mascot was derived from the old comics character. But Mandrakesoft has steered away from that lately, and I'd think that if they dropped any remaining references to magic in their marketing (including the star symbol), and argued the genericness of "mandrake" apart from those references, they should (by any reasonable standard) be allowed to continue using the "Mandrake" name.
http://alternatives.rzero.com/
The MD5 of a text file containing "Mandrake" is C5B0A0F7656DBE8C56318CC60C3306BC
Based on a reading of the article, maybe Mandrake is only going to have to transfer domain name(s).
You read it wrong.
Quote:
le tribunal interdit au Francais l'usage de son nom
Which means: The court prohibited the French [company] from using its name. (sorry for the rough translation, French is my mother language, not English)
Mandrake, French publisher of the Linux distribution of the same name, was ordered by the Commercial Court of Paris to pay euro 70,000 to US companies Hearst Holdings and King Feature Syndicate, owners of the trademark "Mandrake the Magician" and editors of the comic strip of the same name.
These companies filed suit in France for "brand dilution". The commercial court forbade the French company the use of its name and pressed Mandrake to transfer their domain names to the US companies. This judgement could prove to be a fatal blow for the French distributor, as its commercial income is earned solely from the distribution of the same name.
Mandrake immediately filed an appeal causing the judgement to be suspended and allowing it to continue use of the brand and domain names.
A previous court decision concerning the logo also ruled in favour of the two US companies. As a result the French company had to revise its logo.
Mandrake, the word, has extremely old associations with "magic". Witches back a few hundred years ago claimed that mandrake root could cure various illnesses (blindness, disease). So, basically, we have a cartoon that is using a word already associated with magic for a magician's name, as well as for a linux distribution. Unless there's /proof/ that MandrakeSoft got the name from Mandrake the Magician and /not/ from mandrake root, then I don't see why they should have to change.
From PoTO:
"General information: The roots of Mandrake resemble the human form. Many Witchs' traditions collected round the Mandrake root. As an amulet, it is placed on a mantelpiece to avert misfortune and to bring prosperity and happiness to the house. In Henry VIII's time, little images made from the roots, cut into the figure of a man, with grains of millet inserted into the face as eyes, fetched high prices. They were known as puppettes or mammettes, and were accredited with magical powers. Italian ladies were known to pay high prices for similar amulets of Mandrake.
Women who want to conceive, and men seeking to cure impotency carry the root. Where there is mandrake, demons cannot reside, and so the root is used in exorcism.
Use of minute prepared portions can enhance psychic awareness & abilities, and in magickal spells mandrake is used to increase sexual desire. "
Actually, I'm thinking it IS a ripoff:
Leon Mandrake
Mandrake the Magician
Of course, the old Linux Mandrake logo is obviously a ripoff of Mandrake the Magician...
The cases aren't really the same though. Mandrake (the distro) has traded using symbols etc that could relate to Mandrake the magician and magic generally. While comics and software are two different areas there is (and especially was) a common theme used in the branding of both Mandrakes. Similarly if I were to write a comic where the superhero could clone things I don't think I'd get away with calling the comic "Xerox" as my character would clearly be trading off Xerox's reputation in copying.
A slightly different case in Australia surrounds the Harry Potter name as used on clothing in Australia. Time Warner lost that one in part because the clothing brand name came first and also because people wouldn't percieve there to be a link between the clothing range and the Harry Potter character.
Boffoonery - downloadable Comedy Benefit for Bletchley Park
Hey Mandrake guys,
Watch out!
I don't know no Paris talk, but you gotta watch out for King Features so they don't get you by the pate de foie gras again.
In particular, avoid the following King Features names when branding:
Anything 3G, Baby Blues, Barney Google, Snuffy Smith, Beetle Bailey, Betty Boop, Bizarro, Blondie, Buckles, CowParade, Curtis, Dennis the Menace, Flash Gordon, Funky Winkerbean, Hagar the Horrible, Hazel, Henry, Judge Parker, Katzenjammer Kids, Mallard Fillmore, Mark Trail, Marvin, Mary Worth, Moose, Molly, Mother Goose, The Phantom, Popeye, Prince Valiant, Redeye, Rex Morgan, Sally Forth, Sam, Silo, Sherman, Slylock Fox, Spiderman, Steve Roper, Mike Nomad, Tiger, Trudy, Tumbleweeds, Zippy, Zits.
Merci beaucoup.